Title
NBI Clearance Requirement for SIRB Application
Law
Mia Marina Advisory No. 2008-22
Decision Date
Dec 17, 2008
Seafarers applying for a Seafarer's Identification and Record Book (SIRB) must submit a valid National Bureau of Investigation (NBI) clearance, valid for one year, within ten days of disembarkation, with no waivers allowed.

Questions (MIA MARINA ADVISORY NO. 2008-22)

It reiterates and strictly enforces the requirement that an applicant for a Seafarer’s Identification and Record Book (SIRB) must submit an NBI clearance valid for one (1) year, and clarifies that MARINA Memorandum Circular No. 2008-04 does not provide for any waiver of this requirement.

An NBI clearance that is valid for one (1) year must be submitted for SIRB applications.

No. The advisory states that MARINA Memorandum Circular No. 2008-04 contains no provisions for the waiver of the required submission of an NBI clearance valid for one (1) year.

That the NBI clearance requirement (valid for one year) must be strictly complied with for SIRB applications unless otherwise revoked.

Within ten (10) days from disembarkation.

The seafarer must apply for the SIRB within ten (10) days from disembarkation, and the required NBI clearance submitted must be valid for one (1) year; both requirements are emphasized as non-waivable under the advisory.

It functions as an implementing/clarificatory administrative directive that the NBI clearance must be accepted only if it meets the one-year validity requirement, and that any waiver is not allowed absent a later revocation.

It is signed by MARIA ELENA H. BAUTISTA, Undersecretary for Maritime Transport, DOTC and Officer-in-Charge, MARINA.

It states strict enforcement shall apply unless otherwise revoked, implying MARINA could later modify or revoke the policy.

How the advisory clarifies the interpretation of Circular No. 2008-04 by stating that the latter contains no waiver provision, thereby guiding enforcement for SIRB applications.

That the requirement should be applied rigorously, not subject to discretionary relaxation by the agency, absent an express basis such as a revocation.

Because administrative acceptance of the application depends on whether the documentary requirement meets the stated condition; failure to meet the validity duration can result in non-acceptance or delay/denial of the SIRB application.

That the applicant submits an NBI clearance with a validity period of one (1) year at the time required for the SIRB application within ten (10) days from disembarkation.

They may be unable to comply fully with the documentary requirement for SIRB issuance because the advisory disallows waiver and mandates strict enforcement of the one-year validity requirement.


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